City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL WEDNESDAY, NOVEMBER 8, 2017 IN CITY HALL Mayor Michael C. Taylor called the meeting to order at 7:00 p.m. Mayor Taylor led the Pledge of Allegiance to the Flag and Melanie D. Ryska, City Clerk, gave the Invocation. Council Members present at roll call: Deanna Koski, Gary Lusk, Maria G. Schmidt, Nate Shannon, Liz Sierawski, Michael C. Taylor, Barbara A. Ziarko. Also Present: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Melanie D. Ryska, City Clerk; Carol Sobosky, Recording Secretary. APPROVAL OF AGENDA, Moved by Koski, seconded by Taylor, to approve the Agenda as presented. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool stated that, in honor of Veteran’s Day, the City offices will be closed on Friday, November 10th; however, he added that the refuse pickup schedule will not be affected by the holiday. He stated that the annual Veteran’s Day ceremony will be held at 11 a.m. on Saturday, November 11th at the Sterling Heights Senior Center, and more information can be obtained by calling the Community Relations Department at 446-CITY. Regular City Council Meeting Wednesday, November 8, 2017 Page 2 Mr. Vanderpool announced the City’s annual Pride and Shine Day on November 18th. Residents are encouraged to clean up their properties, and there is a volunteer core group to help those with mobility limitations. He stated the Shine Volunteer Core will be meeting on November 18th at 9:30 a.m. at First Church, located 39400 Dequindre Road. They typically clean up between 30 to 50 homes, and they have a very solid volunteer core, including young people and seniors, but they could use more, so he urged those wanting to volunteer to call 446-CITY. Mr. Vanderpool reported that the Sterling Heights Community Foundation is presenting its fifth annual “Puttin’ on the Ritz” gala honoring Congressman Sander Levin for his many years of leadership. The event will take place from 6 to 11 p.m. on Friday, November 17th at Villa Penna Sterling Heights, with tickets available through the Sterling Heights Community Foundation, and more information can be obtained by calling 446-CITY. Mr. Vanderpool informed that the grant application for the “Innovate Mound” project has been submitted to the federal government. The City has been collaborating with their partners at the county, state and federal government levels, as well as many corporate partners along the Mound Road corridor, to look at the project, involving a complete reconstruction of Mound Road between I-696 and M-59, which is estimated to cost $217 million. They are hopeful to get the funding within the next couple of years, and the first big Regular City Council Meeting Wednesday, November 8, 2017 Page 3 step was to file the grant application with the federal government for a $130 million grant. The grant application is about 150 pages, and a summary and plans can be viewed through a link on www.innovatemound.org. Mr. Vanderpool explained that this is a county road, and until the long-term solution is secured, they will continue to work with the County to make short- term repairs, which cost a few million dollars each year. He stated they will not know whether they qualify for the grant until May 2018, but he assured the City’s entire congressional membership is supporting this cause. He indicated the list of supporters can also be viewed on the www.innovatemound.org website. Mr. Vanderpool stated that concludes his report this evening. ORDINANCE INTRODUCTION 1. Mayor Taylor indicated that this item is to consider introduction of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property south of Metropolitan Parkway, on the west side of Ryan Road from R-60 (One- Family Residential District) to C-1 (Local Convenience Business District). He invited Mr. Chris McLeod, City Planner, to give a presentation. Mr. Chris McLeod explained this is an application for a conditional rezoning from R-60 (One-Family Residential) to C-1 (Local Convenience Business) for the development of a 6,312-square-foot local community shopping center with up to four individual tenant spaces. This application was before Council several Regular City Council Meeting Wednesday, November 8, 2017 Page 4 months ago, and at that time, the Council remanded it back to the Planning Commission based on some revised plans. The Planning Commission had originally recommended denial of the proposed rezoning at their June 8th meeting based on the plans submitted at that time. The Planning Commission, after reviewing the revised plans at their September 14th meeting, recommended approval by an 8-0 vote, with one member absent. Mr. McLeod explained this is a 0.8-acre parcel currently developed with a single-family home that will be demolished as the project moves forward. He added that if the project does not move forward, the house itself is subject to Ordinance Board of Appeals actions, and that is being stayed at this point pending decision of City Council. Mr. McLeod reviewed the zonings of the surrounding properties, and indicated the City’s Master Land Use Plan designates the subject property as Local Commercial. He showed the plan and reviewed details of the development, including the building materials as well as the landscaping, which has been significantly increased with the latest revisions. He indicated specific conditions that have been offered by the applicant, including that the site will be developed in compliance with their plans with a revision date of June 8, 2017, and that restaurants (or food of any kind), meat markets and fruit markets will be prohibited from the shopping center. The applicant is also agreeable to all time limitations which are standard to all conditional rezoning agreements. Regular City Council Meeting Wednesday, November 8, 2017 Page 5 There are no variances requested, and the petitioner will be providing a 6-foot decorative masonry wall, a greenbelt and evergreen plantings. Mr. McLeod noted that the surrounding residents had submitted a valid petition against the original plans; however, a petition has not been received in opposition to the revised plans. Based on the protest petition, he advised that a supermajority, or five votes of Council, is required to approve this conditional rezoning application. The applicant was present but stated that Mr. McLeod did a good job on the presentation and he had nothing further to add. Moved by Shannon, seconded by Taylor, RESOLVED, to introduce the map amendment to conditionally rezone property south of Metropolitan Parkway, on the west side of Ryan Road, in Section 30, from R-60 (One-Family Residential District) to C-1 (Local Convenience Business District); Case No. PZ17-0004 and direct Applicant to proceed to finalize a proposed agreement so that the City Council can further evaluate the offer of conditional rezoning of the property at the November 21, 2017 regular meeting. Councilman Shannon stated he is pleased that some of the concerns raised by the City have been remedied. He added this property is designated as Local Commercial in the Master Land Use Plan, and with the prohibited uses being offered by the applicant, he has no problem with the proposal. Regular City Council Meeting Wednesday, November 8, 2017 Page 6 Councilwoman Sierawski requested confirmation that there has been no protest petition submitted from the surrounding residents regarding the revised plans. Mr. McLeod confirmed that the protest petition was received on the previous plans, but nothing has been submitted from the residents since that time, so they do not know if the revisions to the plan change the original intent on which the petition was based. He replied to further inquiry that, although no further official notification was mailed to the petitioners, they were aware of the revisions, and many residents attended the second Planning Commission meeting, which was held in September. He explained that some residents were pleased the plans were changed to incorporate more of a buffer between their properties and the subject property, while others were still opposed to any commercial zoning. They were appreciative that the plans had been amended, with additional landscaping being provided. Mayor Pro-Tem Ziarko requested clarification as to whether the residents within 300 feet of the proposed rezoning were given a notice of the second Planning Commission meeting. Mr. McLeod confirmed that the residents within 300 feet were only issued a notice the first time; however, a number of residents were following the application and came back to the second meeting. It was not a new application Regular City Council Meeting Wednesday, November 8, 2017 Page 7 but was a continuation of the case, so a new notice was not mailed. He noted it was remanded back to the Planning Commission from Council. Mayor Pro-Tem Ziarko questioned whether the petitioner offered these changes since it is a conditional rezoning. Mr. McLeod replied that, under state law, the conditions for a conditional rezoning are required to be offered by the applicant. Upon the applicants hearing the concerns raised, they amended their plans and offered the conditions to address those concerns. Mayor Pro-Tem Ziarko noted that, according to the aerial photograph, there is a shopping center to the north, but it appears the distance between that the rear property line of that shopping center and the homes behind it is actually less than the distance between the rear property line of the proposed conditional rezoning and the abutting homes. Mr. McLeod confirmed Mayor Pro-Tem Ziarko’s observation, pointing out the shopping center to the north does not have a greenbelt and is closer to the abutting residential homes, whereas the proposed building will be set back a little further from the residents, in addition to having a greenbelt and a more intense landscaping scheme abutting the residential properties. Councilwoman Koski inquired as to whether there will be a 6-foot masonry wall along the west and south sides of the property, along with a ten-foot greenbelt Regular City Council Meeting Wednesday, November 8, 2017 Page 8 of trees and landscaping. She also understood the issue the abutting residents had was with the condition of the existing residential home on that property. Mr. McLeod confirmed that is correct. He explained there were concerns raised regarding the condition of the property. The Ordinance Board of Appeals acted on the property, but since it was still going through the conditional rezoning process, code enforcement put a stay on further action pending the outcome of this proposal. He indicated that, regardless of whether or not the property is approved for this conditional rezoning, the nuisance must be abated. Councilwoman Koski inquired as to whether there is any way they can be assured that the issues relating to that property will be taken care of immediately, assuming this is approved. Mr. McLeod replied the Ordinance Board of Appeals action will take care of that. The applicant is ready to submit their demolition permit, and since the property is on a well system, they are in the process of vacating the well. The gas service has been shut off, so the house will be demolished soon. Councilwoman Koski inquired as to who owns the property and who will be building and occupying the commercial center. Mr. McLeod replied the application originally came under the family name of Alisa, and during the application review period, the ownership was deeded over to J & M Plaza, of which the Alisa’s also have part ownership. They will be Regular City Council Meeting Wednesday, November 8, 2017 Page 9 moving the application forward with Mr. Carl Dallo, who is also an authorized person of J & M Plaza. Councilwoman Schmidt inquired as to whether there are restrictions on the hours for the dumpster to be emptied. Mr. McLeod replied it is not allowed prior to 7 a.m. and no later than 10 or 11 p.m. Mr. Kaszubski confirmed it is not allowed later than 11 p.m. Mayor Taylor stated he is satisfied with the petition and he approves of the changes. Yes: All. The motion carried. 2. CONSENT AGENDA Mayor Taylor opened the floor for comments from the audience. Mr. Jerry Sieja - questioned Item “C” and what they will be looking at in this survey, and whether it will be online or mailed. Mr. Thomas Neil – questioned Item “C” and “D”; questioned why bid was awarded to Toyota when Ford and Chrysler are local; questioned “H” and why interest is being paid; questioned “G” and location of sidewalk. Mr. Vanderpool addressed Item “C” regarding the survey, and explained the City conducts a survey approximately every five years to gauge performance on core services, including Fire, Police, DPW (including snow-plowing), the library and Parks & Recreation. Input is also requested in other areas as well, Regular City Council Meeting Wednesday, November 8, 2017 Page 10 and it provides a “report card.” He assured they are valid surveys, and respondents are randomly chosen, with approximately 500 that will be selected from the population across the City. He cited the confidence level as approximately 95%. It is anticipated to be completed prior to strategic planning, preparing the budget and looking at long-term plans. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of October 17, 2017 as presented. B. To approve payment of the bills as presented: General Fund - $975,601.32, Water & Sewer Fund - $1,572,880.28, Other Funds - $2,346,861.14, Total Checks - $4,895,342.74. C. RESOLVED, to accept the proposal by ETC Institute, 725 W. Frontier Lane, Olathe, KS 66061 for a residential survey at a total cost of $20,000. D. RESOLVED, to award the bid for a new Toyota LP-powered fork lift, Model 8FG45U, to Bell Fork Lift, Inc., 34660 Centaur, Clinton Township, MI 48035 in the amount of $49,516. E. RESOLVED, to extend the bid award to: (1) RKA Petroleum Companies, Inc., 28340 Wick Rd., Romulus, MI 48174 and Ports Petroleum, 13347 Blachleyville Road, PO Box 1046, Wooster, OH 44691 for truck transport deliveries; and Regular City Council Meeting Wednesday, November 8, 2017 Page 11 (2) Atlas Oil Companies, 24501 Ecorse Rd., Taylor, MI 48180 for tank wagon deliveries. F. RESOLVED, to purchase the following parts and services in connection with the repair of the 2012 Caiman Special Response Team (SRT) rescue vehicle: (A) A rolling chassis from Reunion Recycled Scrap International, 8245 North Freeway, Houston, TX 77037, at a total cost of $25,000, plus estimated shipping costs of $5,000; (B) Repair services from Patriot Auto Services, 14302 E. Nine Mile Road, Warren, MI 48089, at a total cost of $12,000; and (C) Authorize a budget amendment to the Public Safety Forfeiture Fund in the amount of $17,000. G. RESOLVED, to approve final payment to Z Contractors, Inc., 50500 Design Lane, Shelby Township, MI 48315, in the amount of $14,999.95, plus interest on retainage, for Schoenherr Road Sidewalk – 17 Mile Road to Clinton River Road, City Project #16-288. H. RESOLVED, to approve final payment to Z Contractors, 50500 Design Lane, Shelby Township, MI 48315, in the amount of $17,296.19, plus interest on retainage, for Riverland Drive Pedestrian Bridge Replacement, City Project #16-289. Regular City Council Meeting Wednesday, November 8, 2017 Page 12 I. RESOLVED, to approve the Revocable License to Use Right-of-Way between the County of Macomb and the City of Sterling Heights for installation of public art within the Utica Road and Dodge Park Road traffic circle and authorize the City Manager to sign the Revocable License on behalf of the City. J. RESOLVED, to approve Traffic Control Order #6-82 to: (A) Prohibit on-street parking on the west side of Phoenix Drive from 110’ north of 19-1/2 Mile Road to Diplomat Drive; and (B) Prohibit on-street parking on the east side of Phoenix Drive within 10’ of a curb cut from 144’ north of 19-1/2 Mile Road to Diplomat Drive. K. RESOLVED, to authorize the City Attorney to pursue all available remedies to abate the nuisance and zoning violations existing at 44002 and 44038 Phoenix Drive. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Gerry Sieja – thanked Mr. Vanderpool for answer to question on Consent Agenda Item “C”; questioned when current Mound Road repairs will be done; thanked City Administration staff for their help and positive attitudes; thanked St. Ephrem’s Knights of Columbus and Cub Scout Pack 144 for clean-up of Edgerton Cemetery; wished Police Capt. Regular City Council Meeting Wednesday, November 8, 2017 Page 13 Aaron Burgess well in his upcoming retirement and thanked him for his service; mentioned Great Lakes National Cemetery Veteran’s Day Service at 11 a.m. An unidentified resident – thanked the City Council for leading the Pledge of Allegiance and Invocation at each meeting. Mr. Thomas Neil – congratulated Councilwoman Sierawski on election; questioned whether there has been a response to a question raised at the last meeting as to the city’s Arabic population in comparison to the Chaldean population; Ascot Drive repaving and condition of nearby park; commercial vehicles blocking residential driveways; LED lighting. Mr. John Spica – congratulated Council on the election; commended the Council on great job they do for City and its residents. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he had nothing further to report this evening. Mr. Kaszubski stated he had nothing to report. Councilman Lusk stated he has been fortunate to have served on the City Council for the last eight months, and he thanked the Council for giving him that opportunity. He commended Mayor Taylor on being a great leader, and noted that the voters have elected a new council person. Councilman Lusk wished the new council member Godspeed and he thanked the rest of the council for letting him serve. Regular City Council Meeting Wednesday, November 8, 2017 Page 14 Mayor Taylor thanked Councilman Lusk and appreciated his service and his time on City Council. Councilman Shannon stated he is sad to see Councilman Lusk’s term up on Council. He stated Councilman Lusk is a “great man”, and he will be missed. Mayor Pro-Tem Ziarko complimented Councilman Lusk on being a very committed person and his willingness to serve. She was saddened that the Council could not help him a little more because they tried. She was confident they will find something for him to do in the future. Councilwoman Schmidt thanked Councilman Lusk for his humor and his enthusiasm that he brought to the Council. She acknowledged that they did not always agree, but she complimented him on being a calming force. She stated she will miss him and wished him the best. Councilwoman Sierawski stated Councilman Lusk is a good man and the council has lost a good voice. She added he is about selfless service, not for his own glory, but is eager to serve. She acknowledged that she will still see him each week in church, but wished him well in his future endeavors. Councilwoman Koski stated it has been a pleasure getting to know Councilman Lusk, and she is confident they will find some capacity in which he can serve the community. Mayor Taylor stated he hopes Councilman Lusk will be present at the next meeting for the swearing in of the Council. He complimented Councilman Lusk Regular City Council Meeting Wednesday, November 8, 2017 Page 15 for offering the best of what they have in the City, being very committed to his service. Although his time on council was short, it was meaningful and impactful, and he has left something with each of his colleagues. He thanked Councilman Lusk for his service to the City of Sterling Heights. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 7:46. MELANIE D. RYSKA, City Clerk